Re: Can You Sue the State to Recover Attorney Fees from a DMV Hearing
You don't really believe that they're require to deliver an attorney to you at the side of the road, do you?
No, you couldn't really believe that. I must be misunderstanding you.
Re: Can You Sue the State to Recover Attorney Fees from a DMV Hearing
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JoeyBloeySmoey
My question involves civil rights in the State of: New York
I have other threads here pertaining to my matter. The simple version is that I was pulled over for speeding, then asked to step out of my vehicle, which I declined to do, and prior to declining I verbally requested speaking to legal counsel a few times. I requested legal counsel on many occasions during the interaction all of which were denied.
Was charged with DWI, obstruction, and harassment. My legal fees are about $5,500 for this matter.
I sat before a Judge at a DMV hearing & the judge dismissed the hearing, restoring my full driving privileges. Prior to this hearing, I re-obtained full driving privileges by another judge based around a motion that involved officers denying me legal counsel.
If all my charges get thrown out on this basis (I highly believe that they will), is it likely that I am able to file suit to reclaim my legal expenses for both these charges & my cost of hiring counsel to file this suit, and/or sue above and beyond these expenses for civil rights violations as well?
I will be consulting with a lawyer on all this, but am seeking input from anyone who has good advice.
what makes you think the charges will be thrown out? I think your victory with the DMV will be a hollow victory. The obstruction charge as you have explained things is pretty solid. You have a right to request counsel prior to a chemical test. You do not have a right to refuse to exit the vehicle when ordered to do so and a field sobriety test is not a chem test so they can subject you to FST's without allowing you to contact counsel. If you will read what Mr K posted in your other thread, you will also notice that you are allowed to speak with counsel prior to submitting to a chem test IF it does not unduly delay the test. Since you did not have a phone, unless you are secretly the Flash, any attempt to contact your attorney would be an undue delay and as such, you gave up your right, at least prior to returning to the jail.
a criminal court is going to be very different from your DMV hearing.
but anyway; no, you have no claim to recoup your legal expenses for being arrested when there was probable cause to arrest you, which they did.
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JoeyBloeySmoey
They used my words on the street in their reports as well.
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Your point?
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JoeyBloeySmoey
To my knowledge, reasonable grounds have to be established in order to request an FST in NY. Officers used reason of eye color, face color, and smell. Eye color, face color, and smell are not technically legal grounds for probable cause
they didn't need probable cause but reasonable suspicion. Very very different levels of evidence between the two.
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Me forgetting my phone is my fault, yes. They officers still don't have the right to deny me my right to counsel though.
on the side of the road? Sure it does. You have a right to counsel PRIOR TO A CHEM TEST if it does not cause an undue delay. How do you propose you obtain counsel along side the road and it not cause an undue delay?
and what chem test were they going to perform alongside the road? I doubt they had the equipment with them to perform a chem test.
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They were supposed to provide me a phone
alongside the road? Nope.